Dictionary of Law
A B C D E F G H I J K L M N O P Q R S T U V W X Y Z

agency :: legal definition


Agency - n. the relationship of a person (called the agent) who acts on behalf of another person, company, or government, known as the principal. "Agency" may arise when an employer (principal) and employee (agent) ask someone to make a delivery or name someone as an agent in a contract. The basic rule is that the principal becomes responsible for the acts of the agent, and the agent's acts are like those of the principal (Latin: respondeat superior). Factual questions arise such as: was the agent in the scope of employment when he/she ran down the little child, got drunk and punched someone, or sold impure wheat? There is also the problem of whether the principal acted in such a way as to make others believe someone was his agent-this is known as "apparent" or "ostensible" authority. When someone who is or is not an employee uses company business cards, finance documents, or a truck with the company logo, such use gives apparent authority as an agent.

See also: agent authority respondeat superior scope of employment and Related Law Terms ↓


Related Law Terms

abuse of discretion :: n. a polite way of saying a trial judge has made s ... partner's realistic ability to pay.
adjuster :: n. an employee (usually a non-lawyer) of an insura ... e company in approving settlements.
administrative law :: n. the procedures created by administrative agenci ... judge Administrative Procedure Act
agent :: n. a person who is authorized to act for another ( ... issues. See also: agency authority
apparent authority :: n. the appearance of being the agent of another (e ... e also: agency ostensible authority
at will employment :: n. a provision found in many employment contracts ... ons. See also: wrongful termination
authority :: n. permission, a right coupled with the power to d ... rize ostensible authority principal
canon law :: n. laws and regulations over ecclesiastical (churc ... nduct with no religious connection.
copyright :: 1) n. the exclusive right of the author or creator ... plagiarism public domain trademark
corporation :: n. an organization formed with state governmental ... ation public corporation securities
d.b.a. :: n. short for "doing business as," when a person or ... that is registered with the state.
dangerous weapon :: n. any gun, knife, sword, crossbow, slingshot or o ... igence and possibly win a judgment.
double jeopardy :: n. placing someone on trial a second time for an o ... that occurred thirty years earlier.
duty of care :: n. a requirement that a person act toward others a ... e also: negligence standard of care
eminent domain :: n. the power of a governmental entity (federal, st ... ngs. See also: condemn condemnation
employee :: n. a person who is hired for a wage, salary, fee o ... ondeat superior scope of employment
employment :: n. the hiring of a person for compensation. It is ... ployment Workers' Compensation Acts
endorsement :: (indorsement)n. 1) the act of the owner or payee s ... te. See also: negotiable instrument
entrapment :: n. in criminal law, the act of law enforcement off ... e drugs if not pressed by the narc?
equal opportunity :: 1) n. a right supposedly guaranteed by both federa ... be so. See also: affirmative action
escrow :: 1) n. a form of account held by an "escrow agent" ... w the deal." See also: escrow agent
escrow agent :: n. a person or entity holding documents and funds ... on local practice. See also: escrow
fiduciary :: 1) n. from the Latin fiducia, meaning "trust," a p ... lation fiduciary relationship trust
fraud :: n. the intentional use of deceit, a trick or some ... audulent conveyance intrinsic fraud
guarantee :: 1) v. to pledge or agree to be responsible for ano ... as some defect. See also: guarantor
implied covenant of good faith and fair dealing :: n. a general assumption of the law of contracts, t ... -long employment. See also: implied
independent contractor :: n. a person or business which performs services fo ... ue independence. See also: employee
indictment :: n. a charge of a felony (serious crime) voted by a ... ictable offense preliminary hearing
information and belief :: n. a phrase often used in legal pleadings (complai ... nswer complaint declaration perjury
interest :: n. 1) any and all, partial or total right to prope ... nal property real property standing
invasion of privacy :: n. the intrusion into the personal life of another ... randeis. See also: right to privacy
justice :: n. 1) fairness. 2) moral rightness. 3) a scheme or ... e appellate courts. See also: court
liability :: n. one of the most significant words in the field ... bility joint tortfeasors negligence
libel :: 1) n. to publish in print (including pictures), wr ... libel per se public figure slander
license :: 1) n. governmental permission to perform a particu ... eement. See also: licensee licensor
literary property :: n. the writings of an author which entitles him/he ... as copyrighted. See also: copyright
maker :: n. 1) the person who signs a check or promissory n ... : check payee payor promissory note
mechanic's lien :: n. the right of a craftsman, laborer, supplier, ar ... ll sue for the debt. See also: lien
merger :: n. 1) in corporate law, the joining together of tw ... and taking one, and wife the other.
misappropriation :: n. the intentional, illegal use of the property or ... mbezzlement fiduciary larceny theft
negligence :: n. failure to exercise the care toward others whic ... gence per se res ipsa loquitur tort
no fault insurance :: n: a type of automobile insurance required of car ... ling lawsuits. See also: negligence
nominee :: n. 1) a person or entity who is requested or named ... ic office. See also: agent executor
notary public :: n. a person authorized by the state in which the p ... he state which appoints the notary.
notice :: n. 1) information, usually in writing in all legal ... Thirty-day notice three-day notice
nuisance :: n. the unreasonable, unwarranted and/or unlawful u ... evening). See also: public nuisance
obscene :: adj., adv. a highly subjective reference to materi ... en I see it." See also: pornography
official :: 1) adj. referring to an act, document or anything ... tion or business. See also: officer
ostensible agent :: n. a person who has been given the appearance of b ... rent authority ostensible authority
ostensible authority :: n. apparent authority to do something or represent ... apparent authority ostensible agent
principal :: n. 1) main person in a business. 2) employer, the ... ry agency agent respondeat superior
product liability :: n. the responsibility of manufacturers, distributo ... e known. See also: warrant warranty
promise :: 1) n. a firm agreement to perform an act, refrain ... so: consideration contract covenant
promissory note :: n. a written promise by a person (variously called ... lso: interest obligee obligor usury
property damage :: n. injury to real or personal property through ano ... l value. See also: damages property
ratification :: n. confirmation of an action which was not pre-app ... mployee). See also: agent principal
real property :: n. 1) all land, structures, firmly attached and in ... onal property real estate reversion
respondeat superior :: (rehs-pond-dee-at superior) n. Latin for "let the ... : agency agent negligence principal
rights :: n. 1) plural of right, which is the collection of ... evidence. See also: Miranda warning
scope of employment :: n. actions of an employee which further the busine ... ter and servant respondeat superior
self-defense :: n. the use of reasonable force to protect oneself ... ndalism. See also: assault homicide
servant :: n. an employee of an employer, technically one who ... ndent contractor master and servant
service :: n. 1) paid work by another person, either by contr ... ersonal services service of process
statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll
subrogation :: n. assuming the legal rights of a person for whom ... also: negligence subrogee subrogor
subrogor :: n. a person or entity that transfers his/her/its l ... ges. See also: subrogation subrogee
substituted service :: n. accomplishing service (delivery) of legal docum ... ee also: service service of process
theft :: n. the generic term for all crimes in which a pers ... rglary embezzlement larceny robbery
undisclosed principal :: n. a person who uses an agent for his/her negotiat ... dispute. See also: agent principal
vicarious liability :: n. sometimes called "imputed liability," attachmen ... r or policeman. See also: liability
wiretap :: n. using an electronic device to listen in on tele ... invasion of privacy probable cause
witness :: 1) n. a person who testifies under oath in a trial ... lso: deposition evidence trial will
Workers' Compensation Acts :: n. state statutes which establish liability of emp ... rs' compensation insurance company.
wrongful termination :: n. a right of an employee to sue his/her employer ... ing an employee's grounds for suit.

Popular Law Searches

legal definition ministerial act :: n. an act, particularly of a governmental employee ... exercising any individual judgment.
chancery legal definition :: n. a court that can order acts performed. Today ch ... ts in most states. See also: equity
testamentary disposition legal definition :: n. how the terms of a will divide the testator's ( ... named beneficiaries. See also: will
contract of sufferance :: n. a "hold-over" tenancy after a lease has expired ... y tenancy at will unlawful detainer
forthwith legal definition :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
forthwith definition legal :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
what is to wit in a legal contract :: prep. that is to say. Example: "the passengers in ... tty Bumgartner and Sherry Younger."
mirror wills legal definition :: n. the wills of a husband and wife which are ident ... d each names the other as executor.
clean hands doctrine latin :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense
sine qua non only relates to contract law :: (see-nay kwah nahn) prep. Latin for "without which ... qua non of the injury to Playmate.

Other Law Terms - A

a fortiori :: (ah-for-she-ory) prep. Latin for "with even strong ... rother Cain certainly is too young.
a priori assumption :: (ah-pree-ory) n. from Latin, an assumption that is ... when the reality is not so certain.
a.k.a. :: prep. abbreviation for "also known as" when someon ... nodgrass, a.k.a. "Snuffy the Snod."
ab initio :: prep. lawyer Latin for "from the start," as "it wa ... tart," as "it was legal ab initio."
abandon :: v. to intentionally and permanently give up, surre ... lso: abandoned property abandonment
abandoned property :: n. property left behind (often by a tenant) intent ... -use. See also: abandon abandonment
abandonment :: n. the act of intentionally and permanently giving ... : abandon abandoned property patent
abate :: v. to do away with a problem, such as a public or ... ty septic tank. See also: abatement
abatement :: n. 1) the removal of a problem which is against pu ... eneficiary in full. See also: abate
abduction :: n. the criminal taking away of a person by persuas ... g of children. See also: kidnapping
abet :: v. to help someone commit a crime, including helpi ... n the crime. See also: aid and abet
abeyance :: 1) n. when the owner- ship of property has not bee ... 2) legal jargon for "undetermined."
able-bodied :: adj. physically capable of working at a job or in ... of paying alimony or child support.
abortion :: n. the termination of pregnancy by various means, ... ed abortion continue in the future.
abrogate :: v. to annul or repeal a law or pass legislation th ... ons of a contract. See also: repeal
abscond :: v. 1) traditionally to leave a jurisdiction (where ... as in "he absconded with the loot."
absolute :: adj. complete, and without condition. ... j. complete, and without condition.
abstention doctrine :: n. when the Supreme Court refuses to exercise its ... being appealed from a state court.
abstract :: n. in general, a summary of a record or document, ... tract of judgment abstract of title
abstract of judgment :: n. a written summary of a judgment which states ho ... aying the debt. See also: levy lien